AMHERST, N.Y. — JCPenney’s second attempt to block the Town of Amherst’s use of eminent domain at the Boulevard Mall site has failed.
Penney Property Sub Holdings LLC, which owns the 2.3 acres of retail space where JCPenney operates and the associated parking spaces, started the appeals process late last year after its initial petition was rejected.
The company originally filed a petition March 2023 asking the court to reject Amherst's plan to take over the JCPenney property, according to a petition filed with the state Supreme Court’s appellate division, fourth department. In October, the court ruled that the petitioner’s contentions were “without merit.”
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